Sub-Divisional Officer No.Ii vs M/S. Dhanyalakshmi Modern
2023 Latest Caselaw 13433 Ori

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 W.P.(C) No.29720 of 2023

                                  Sub-Divisional Officer No.II,            ....         Petitioner(s)
                                  Koraput & Ors.
                                                                   Mr. Suresh Chandra Dash, Adv.
                                                             -versus-
                                  M/s. Dhanyalakshmi Modern       .... Opposite Party(s)
                                  Rice Mill, Rondapallim, Koraput


                                           CORAM:
                                           DR. JUSTICE S.K. PANIGRAHI
                                                             ORDER

Order 31.10.2023 No.

02. 1. This matter is taken up through hybrid

arrangement.

2. Through this Writ Petition the Petitioner

challenges the order dated 10.07.2023 passed by the

learned DCDRC, Koraput in C.C. No.56 of 2020.

3. Learned counsel for the Petitioner challenges the

above order on the premises that learned Consumer

Disputes Redressal Forum-Commission, Koraput has no

jurisdiction to entertain the complaints filed by the

Consumers of electricity with regard to the Assessment

made under Section 126 of the Electricity Act, 2003.

4. He further submits that the impugned order Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA herein is not only in contravention of the provision under Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

Date: 02-Nov-2023 17:39:48 P.T.O // 2 //

the Electricity Act, 2003 but the same is also passed

clearly violating the judgment of the Apex Court in the

case of U.P. Power Corporation Ltd. and Others Vrs.

Anis Ahmad / S.L.P (Civil) No.35906 / 2011 reported in

AIR 2013 SC 2766.

5. In such view of the matter, let notice be issued to

the Opposite Party by Regd. Post with A.D./Speed Post

making it returnable by 22nd November, 2023. Requisites

shall be filed within three working days from today.

6. List this matter on 23rd November, 2023.

I.A. No.14308 of 2023

1. Heard.

2. Issue notice as above.

3. Accept one set of process fee.

1. As an interim measure, it is directed that operation of

the order dated 10.07.2023 passed by the learned

District Consumer Disputes Redressal Commission,

Koraput in C.C.No.56 of 2020 shall remain stayed till

the next date.

(Dr. S.K. Panigrahi) Judge Ayaskanta

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa